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2011
Session Overview
FIRST REGULAR SESSION OF THE
53RD
LEGISLATURE
Oklahoma House of Representatives
Research Division May 27, 2011
Introduction.....................................................................1
Agriculture ......................................................................1
Children and Families .....................................................2
Corrections and Public Safety.........................................2
Economic Development and Financial Services.............4
Education ........................................................................5
Elections..........................................................................5
Energy and Utility Regulation ........................................6
Environment....................................................................6
General Government .......................................................6
Government Modernization and Agency Oversight .......7
Health..............................................................................8
Insurance .........................................................................9
Judiciary........................................................................10
Public Employees..........................................................12
Redistricting..................................................................12
Revenue and Taxation...................................................13
Transportation...............................................................13
Veterans and Military Affairs .......................................14
Introduction
The 2011 session of the Oklahoma Legislature was
largely defined by the $500 million budget shortfall
caused, in part, by the loss of federal stimulus funds.
The Legislature developed a budget agreement of $6.5
billion that focused on mitigating cuts to core services
including education, health and human services,
transportation, and public safety. Cuts to agency
budgets ranged from less than 1 percent to 9 percent.
Legislators addressed a number of policy issues that
included reforming the worker’s compensation system,
continuing efforts at tort reform by addressing non-economic
damages, building in greater academic and
financial accountability in the state’s education system,
shoring up the state’s pension systems, addressing high
incarceration rates through criminal justice reform,
maximizing efficiencies in government through
consolidation and modernization of processes, and
establishing a closing fund that will help attract new
business to the state. The Legislature also was faced
with the task of redistricting which occurs after every
decennial census.
Agriculture
Legislators made changes in several areas including
those related to trespassing, farmed cervidae businesses,
hunting regulations, swine farm regulations, and other
agriculture-related businesses.
SB 828 requires that people notify landowners and
hunting lease holders when entering land and increases
the fine for hunting; pursuing game; discharging a
firearm within 440 yards of any church, schoolhouse, or
public place; or shooting from across a public road,
highway, highway right-of-way, or railroad right-of-way.
A violation can result in a fine of at least $500 but
not more than $1,500 for the first offense and of $1,500
to $2,000 for subsequent offenses. The measure also
prohibits shooting from across a public road, highway,
or railroad right-of-way into a facility licensed pursuant
to the Oklahoma Farmed Cervidae Act or a big game
commercial hunting area.
Two other measures also make changes to farmed
cervidae regulations. HB 1474 increases the fine for
willfully entering a facility licensed pursuant to the
Oklahoma Farmed Cervidae Act or a commercial
hunting area licensed pursuant to Oklahoma law without
permission. The maximum fine will be $1,500.
HB 1473 removes the double-fencing requirement for
cervidae farms. Double fencing was required to keep
wild deer separate from animals raised on cervidae
farms.
2 2011 Session Overview
Another measure dealing with hunting regulations,
HB 1338 lowers the minimum age for hunters allowed
to purchase apprentice licenses to age 8. This allows
them to hunt with a licensed hunter at least 18 years old.
It also requires all persons under age 10 to be
accompanied by a licensed hunter who is at least 18
years old. HB 1339 requires that dealers issue hunting
and fishing licenses electronically by January 1, 2013.
With regard to swine feeding operations, HB 1957
requires that new operations established after November
1, 2011, using liquid swine waste management systems
and housing swine in roof-covered structures, not be
located within three miles of the outside boundary of any
facility with an average annual registered attendance of
2,000 people or more and owned or operated as a camp
or recreational site by a nonprofit organization
established prior to the swine feeding operation. For
facilities with an average annual attendance of 2,000 or
less, the setback will be one mile from the outside
boundary of the facility.
SB 228 makes changes to procedures for reporting
damages to crops by pesticide applicators. Those
alleging damage to growing crops or plants must file a
written complaint with the Department of Agriculture,
Food, and Forestry and allow the applicator and the
applicator’s representatives access to the property to
assess the alleged damage.
SB 420 specifies that Oklahoma City and Tulsa and
their respective airports; the Oklahoma Department of
Agriculture, Food, and Forestry; the United States
Department of Agriculture; and the United States
Custom and Border Patrol will cooperate to establish
international and domestic livestock exporting services.
Children and Families
The Legislature acted upon the recommendations of
the Adoption Review Task Force by passing SB 510.
The measure:
• Directs the Administrative Director of the
Courts to develop a form to collect demographic
information regarding the adoption of each child
in Oklahoma and requires each court clerk to
collect the information and make an annual
report. The Department of Human Services will
compile the data and report it to the public;
• Modifies the list of allowable adoption-related
costs and expenses that a person may pay for in
connection with an adoption to include
reasonable and necessary costs associated with
an international adoption and a one-time gift
from the adoptive parents to the birth mother
valued at no more than $100;
• Clarifies what constitutes reasonable and
necessary living expenses of the birth mother
and requires certain verification of living
expenses paid for on behalf of a birth mother;
• Modifies the list of persons or agencies that are
authorized to conduct a home study of
prospective adoptive parents;
• Increases from 22 to 99 years the length of time
records of adoptions finalized in the state are
required to be maintained; and
• Authorizes the court to disclose to an employee
of an out-of-state entity licensed to perform
home studies in that state whether a prospective
adoptive parent has relinquished or had parental
rights to a child in Oklahoma terminated.
Another measure, HB 2136, provides greater
protection for children in state custody being reunited
with their parents. The measure requires the Department
of Human Services to conduct a criminal background
check of any adult in the home prior to a trial
reunification and requires that the department submit
service provider progress reports and critical incident
reports to the court and certain parties in a deprived
action so that a more informed decision about the child’s
placement can be made. The bill also requires the
department, upon receiving a report alleging abuse or
neglect, to conduct an investigation rather than an
assessment under certain conditions and allows the
Oklahoma Commission on Children and Youth to
disclose any previous child welfare encounters or
investigations involving a child who has died or nearly
died and whether the person responsible for the child
was charged.
Corrections and Public Safety
The Legislature focused its efforts on meaningful
corrections reform this session by examining the types of
criminals who should be imprisoned and those who can
be rehabilitated through extensive community
corrections programs. Legislators also enacted measures
to reduce incidents of drunk driving and domestic
violence. The rights of citizens to protect themselves
were also enhanced with the passage of gun legislation.
Major efforts at the reform of the corrections system
in Oklahoma culminated in the passage of HB 2131.
One of the major provisions contained in the measure
limits the role of the Governor in the parole process for
nonviolent offenders. Under this new system, the
Governor has 30 calendar days to review parole
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recommendations for nonviolent crimes, and if no action
is taken within the 30 days, parole is granted. Parole
recommendations for crimes of violence are exempted
from the 30-day requirement, and the Governor must
grant or deny parole for persons convicted of a violent
crime. Another reform item establishes qualifications
for eligibility to be appointed as a member of the Pardon
and Parole Board. The bill requires that future board
members have a college degree and experience in the
criminal justice field.
Another reform contained in the measure expands
the number of offenders who can participate in
community corrections programs. Community
sentencing allows a court to impose a punishment as a
condition of a deferred or suspended sentence and allows
the offender to engage in programs within the
community rather than be sentenced to prison. All
offenders are given a level of services inventory
assessment to determine if they are amenable to
community placement. To increase the number of
eligible participants, the bill modifies the definition of
eligible offender to include offenders who have been
assessed at a range other than the low range and who
have been convicted of at least one prior felony offense.
Lastly, steps also were taken to alleviate the
overcrowded conditions at Oklahoma’s prison facilities
by expanding the use of electronic monitoring. The bill
lowers from 180 days to 90 days the time which an
offender must be incarcerated before the offender can be
considered for electronic monitoring. Inmates serving a
sentence of more than five years who have 11 or more
months left on a sentence or any inmate serving a
sentence of five years or less whose initial custody
assessment requires placement below the maximum
security level are not eligible for community placement.
The Erin Elizabeth Swezey Act was created by
SB 529 as an attempt to reduce the number of drunk
drivers operating on Oklahoma roadways. The measure
requires persons subject to a court order for the
installation of an ignition interlock device to submit their
driver license or identification card for a replacement
license that bears the words “Interlock Required.” The
bill requires an ignition interlock be placed on an
offender’s motor vehicle during any modification of a
revocation for Class D motor vehicles. An ignition
interlock device is required on a first revocation for a
period of one and one-half years following the
mandatory period of revocation if the person had a blood
alcohol content of .15 or more. The mandatory period
for an ignition interlock device increases to a period of
four years on a second offense. For third and subsequent
offenses, the person must have an ignition interlock
device for five years. The bill limits the cost for the
ignition interlock device to not more than $25 per
month. The bill also requires that upon a third
conviction, a person is subject to the cancellation or
denial of driving privileges, an assessment of the
person’s degree of alcohol abuse, and the continued
installation of an ignition interlock device after the
mandatory period of cancellation, denial, or revocation.
Another measure aimed at protecting the public is
SB 324 which applies the same standards placed upon
the motoring public to boat operators. The bill lowers
the blood alcohol concentration from .10 to .08 for the
determination of being under the influence while boating
and provides that any person who operates a vessel on
the waters of the state has given consent to blood or
breath tests to determine alcohol concentration. Persons
who refuse the blood or breath test can be fined up to
$1,000.
Impacting gang activity was also addressed by the
Legislature this session. SB 923 increases the
punishment from not more than one year to not more
than five years in prison for any person convicted of
encouraging, soliciting, or recruiting a minor to
participate in a gang. The fine also is increased from
$1,000 to not more than $5,000. A second offense is
increased from not more than five years to not more than
10 years in prison. The measure also creates a new
felony offense for committing a gang-related offense as
a condition of membership in a gang. Punishment is five
years in prison in addition to any other penalty imposed
for the original offense. School employees are required
to report any suspected gang members to a designated
school official who is to report the information to local
law enforcement.
Sex offenders also received attention this session.
Reacting to a situation whereby numerous sex offenders
were residing in a trailer park, SB 852 clarifies the
definition of multi-unit structure as used to determine
the dwellings in which registered sex offender are
allowed to reside. The measure defines multi-unit
structure to mean a structure with multiple residential
units that provide independent living facilities for living,
sleeping, cooking, eating, and sanitation within each
individual unit. Manufactured homes, mobile homes,
trailers, and recreational vehicles that do not meet the
descriptions are not to be considered multi-unit
structures. The measure further prohibits any person or
entity from knowingly establishing, leasing, operating,
or owning any structure or portion of a structure where
persons required to register pursuant to the Sex
Offenders Registration Act are allowed to reside
together. The penalty for violation is a misdemeanor,
4 2011 Session Overview
subject to a fine of not more than $500, imprisonment in
the county jail for not more than one year, or both fine
and imprisonment. A second violation is a
misdemeanor, punishable by a fine of not more than
$2,500, imprisonment in the county jail for not more
than one year, or both fine and imprisonment. A third or
subsequent violation is a felony, punishable by a fine of
not less than $2,500 nor more than $5,000,
imprisonment for not more than five years, or both fine
and imprisonment. The measure becomes effective July
1, 2012.
Protecting persons from domestic violence was the
aim of SB 952 which creates two new felony crimes
relating to domestic violence. A new felony offense of
domestic assault or domestic assault and battery with a
dangerous weapon is established with a punishment of
imprisonment in Department of Corrections custody for
not more than ten years or by imprisonment in a county
jail for not more than one year. The new felony crime of
domestic assault and battery with a deadly weapon is
created with punishment of imprisonment in the custody
of the Department of Corrections not exceeding life
imprisonment. Additionally, the measure adds
aggravated assault and battery upon any person
defending another person as an 85 percent crime, which
is a crime that requires the person to serve a minimum of
85 percent of the sentence imposed before the person is
eligible for good time or other earned credits. The
measure also requires the court to order any offender to
counseling as a condition of a suspended sentence or
probation for a conviction for domestic assault and
battery with a dangerous weapon or domestic assault and
battery with a deadly weapon. The bill also prohibits a
police officer or sheriff from releasing a person arrested
for an act constituting domestic assault and battery or
domestic assault and battery with a deadly weapon
without the person appearing before a judge or court and
prevents a person arrested for an act constituting
domestic assault and battery or domestic assault and
battery with a deadly weapon from being considered for
pretrial release programs.
Another provision of the measure allows state
charges to be brought if a law enforcement officer who
is assaulted is employed by the federal government and
increases the punishment for aggravated assault and
battery upon a law enforcement officer to a term of
incarceration not to exceed life in prison, a fine not
exceeding $1,000, or both fine and imprisonment. If the
assault results in maiming, a conviction results in
punishment of not less than five years nor more than life
imprisonment, a fine of not more than $5,000, or both
fine and imprisonment. The bill modifies the crime of
maiming by increasing the punishment upon conviction
to a term of incarceration not exceeding life
imprisonment, a fine of not more than $1,000, or both
fine and imprisonment. The current punishment is a
term of incarceration not exceeding seven years in
Department of Corrections custody or up to one year in
the county jail.
Two measures enhance gun rights of Oklahoma
citizens. HB 1439 extends the provisions of the Make
My Day Law to the person’s place of business when the
person is in fear of imminent peril of death or great
bodily harm. A person or owner, manager, or employee
of a business is presumed to have held a reasonable fear
of imminent peril of death or great bodily harm to
themselves or others when using defensive force that is
likely to cause death. A second measure, HB 1652,
allows a person who is a carry concealed permit holder
to store his or her weapon in a locked vehicle while on a
career technology center campus.
Economic Development and
Financial Services
A major focus of the 2011 legislative session was
economic development. The Legislature enacted
measures related to the Quality Jobs Act and the Local
Development Act intended to grow business in
Oklahoma.
HB 1953 creates the Oklahoma Quick Action
Closing Fund. The fund is to be used to further the
state’s economic development efforts, specifically in
situations where spending these dollars would likely be a
determining factor in locating or retaining a high-impact
business project or facility in Oklahoma. The Director
of the Oklahoma Department of Commerce (ODOC)
may recommend expenditures from the fund after
analyzing certain economic benefit factors. After
approval by the Governor, ODOC may enter into an
agreement establishing conditions for payment from the
fund.
Two other measures are intended to enhance
Oklahoma’s business climate.
SB 13 amends the Local Development Act to allow
cities, towns, and counties that are not contiguous to
form incentive districts or increment districts.
SB 154 amends the 21st Century Quality Jobs
Incentive Act so that incentive payments for an
establishment are stopped if its gross payroll falls below
the required threshold for four consecutive quarters
during a 28-quarter period.
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Education
Legislators concentrated much of their attention on
reforming the education system to help students develop
better reading and math skills in the early grades, offer
parents more choices, and give administrators more
flexibility. In addition, legislators made efforts to
address the financial situation of school districts.
As a result of SB 346, students not having necessary
reading skills by third grade will not be promoted to the
fourth grade, ending the practice of social promotion
starting in the 2011-12 school year. Districts must
provide intensive reading instruction to students with
lower reading scores in grades kindergarten through
third grade. Third grade students who do not pass to the
fourth grade also must receive additional reading
instruction and remediation through an altered
instruction day. Students will not be retained more than
two years. HB 1269 requires teachers to teach the five
elements of reading to help students receive improved
reading instruction. HB 1918 turns the focus to math by
requiring that the Oklahoma Commission for Teacher
Preparation establish a math professional development
program in the elementary schools contingent upon
funding.
To insure quality in the schools, HB 1456 requires
that the State Board of Education give schools letter
grades according to school performance and provide that
information to parents, and SB 2 requires the adoption of
graduation rate targets with the goal being 100 percent.
Districts will calculate graduation rates using four-year
cohorts to get more accurate numbers. Schools not
meeting targets at the end of the initial two years or in
subsequent years must make graduation improvement
plans and participate in training provided by the State
Board of Education.
One measure makes changes to the process of
teacher termination. HB 1380 repeals the section of law
that gives teachers the right to trial de novo. Trial de
novo allows teachers a new trial in district court after
local boards vote to terminate them. It also makes
districts follow the same termination procedure for
career and probationary teachers.
Two measures made changes to the State
Department of Education and the State Board of
Education. HB 2139 gives the State Superintendent of
Public Instruction more flexibility in overseeing the
State Department of Education. The Superintendent will
have the right to oversee daily operation of the State
Department of Education and hire staff without approval
from the State Board of Education. The board will
maintain supervision of the public school system of
Oklahoma. The second measure, SB 435, alters the
State Board of Education membership. It directs the
Governor to appoint one member from each
congressional district and one member from the state at-large.
The Superintendent of Public Instruction will be
the chairperson of the seven-member board. Terms will
be for four years, and members will serve at the pleasure
of the Governor.
Another area of concern for legislators was the
financial situation of schools. A number of bills
addressed directing more funds toward classroom
expenses. HB 1372 requires that staff for certain
administrators count as administrative expenditures and
thus would be subject to the cap on the amount of money
districts can spend on administration. SB 664 lowers
that cap on school district administrative expenditures.
The cap varies from 5 percent of total expenditures to 8
percent of total expenditures depending upon the average
daily attendance of the district, with smaller districts
having a higher percentage. SB 536 creates the Task
Force on Creating Administrative Efficiencies to study
ways to reduce spending on administration in school
districts. HB 2115 expands the school consolidation
assistance fund to allow districts to receive funds for
sharing superintendents, and SB 260 delays the
requirement for full-day kindergarten to allow districts
to continue to use Title I money for kindergarten.
Two measures are designed to provide scholarships
and grants to students and school districts. SB 969
creates the Oklahoma Equal Opportunity Education
Scholarship Act which allows tax credits for those
contributing to organizations granting scholarships or
eligible educational improvement grant organizations.
HB 1852 allows contributions to the Public School
Classroom Support Revolving Fund which will be used
for grants to teachers.
Elections
Three measures intended to keep the state in
compliance with federal election requirements were
passed.
SB 115 creates the Uniform Military and Overseas
Voters Act, which directs the Secretary of the State
Election Board to make available to covered voters
information regarding voter registration procedures and
procedures for casting military-overseas ballots and
directs the Secretary to develop standardized absentee-voting
materials, including a declaration for use by a
covered voter to affirm the voter’s identity and eligibility
to vote. The bill establishes procedures for registering to
vote and for the processing of ballot applications and
transmittal of ballots.
6 2011 Session Overview
HB 1615 creates the Let the Troops Vote Act and
modifies:
• The dates for primary elections;
• The time frame for forming a recognized
political party;
• The time frame for changing political affiliation;
• The dates for holding special elections and the
filing period dates;
• The required time frame for the transmission of
absentee ballots upon application; and
• The date of the Presidential Preferential Primary.
SB 328 modifies the state’s Election Management
System to be consistent with the requirements of the
federal Help America Vote Act, including specifying
procedures for counting votes in a declared election
emergency. The measure suspends local elections in
December of 2011 and January of 2012 to allow for an
orderly transition to the new system.
HB 1664 removes the requirement that ballot titles
be written on the eighth grade reading comprehension
level. The measure authorizes the Attorney General to
respond in writing to certain comments on ballot titles
made by the Speaker of the House or President Pro
Tempore of the Senate. The measure also authorizes the
President Pro Tempore or Speaker to appeal to the
Supreme Court and offer a substitute ballot title and
provide procedures for such appeals.
SB 54 modifies qualifications for the office of
District Attorney and requires a candidate to be a
registered voter in the district and reside within the
district for six months preceding filing. Similarly,
SB 117 requires candidates for county commissioner to
have been registered voters in the district and reside in
the district for six months preceding filing.
Energy and Utility Regulation
The Legislature passed several bills this year that
involved modernizing Oklahoma state statutes to reflect
new, growing industries and technological innovations.
HB 1821 creates the Exploration Rights Act of 2011 to
try to mitigate potential conflicts between industries that
rely upon the reasonable use of the surface estate,
namely the wind, oil, and gas industries. The measure
outlines mineral owner rights with regard to the surface
estate, and stipulates that certain parties may not
unreasonably interfere with the mineral owner’s right to
make reasonable use of the surface estate. HB 1909,
known as the 2011 Shale Reservoir Development Act,
modifies state statutes related to the regulation of
horizontal drilling in shale reservoirs to harmonize
Oklahoma laws with innovations in technology that have
developed in the oil and gas industry. Among other
things, the act outlines the jurisdiction of the Oklahoma
Corporation Commission with regard to multiunit
horizontal wells and horizontal well unitizations.
Additionally, HB 1079 establishes the Electric Usage
Data Protection Act to protect the confidentiality of
consumer information gathered by smart meters now
used by electric utility companies in Oklahoma. The bill
establishes certain requirements related to access to and
maintenance of the confidentiality of customer
information and stipulates provisions under which
certain types of information may be disclosed without
customer consent.
SB 885 clarifies provisions in the tax law relating to
horizontal and deep depth wells that qualify for a
reduction in the gross production rate that were
previously amended under HB 2432 in the 2010
legislative session. That legislation inadvertently
excluded qualifying wells which exist prior to July 1,
2011.
Environment
The Legislature addressed issues related to waste,
water, and conservation practices this session.
HB 1939 increases used tire recycling fees to $2.50
for all motor vehicle tires 19.5 inches in rim diameter or
less. The measure also requires that 28 percent of the
annual amount that accrues in the Used Tire Recycling
Indemnity Fund be allocated to the Department of
Environmental Quality’s Revolving Fund to implement
provisions related to air pollution.
HB 1059 requires individuals serving water to the
public from a water system that was constructed without
a permit to apply for a permit by a specified date.
In addition to prohibiting a person from operating a
commercial composting facility without a Department of
Environmental Quality permit, SB 19 requires the
owner/operator of the facility to assess a $1.25 per ton
fee on composting material received. It also requires the
owner/operator of a solid waste landfill to maintain
certain exterior and interior slopes.
General Government
In an effort to control costs for Oklahoma’s cities
and save taxpayer dollars, HB 1593 repeals the
Oklahoma Municipal Employee Collective Bargaining
Act, a law which required cities with at least 35,000
residents to have collective bargaining if nonuniformed
employees unionize. Oklahoma City, Tulsa, Norman,
and Muskogee, all of which had collective bargaining
agreements prior to the 2004 passage of the Oklahoma
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Municipal Employee Collective Bargaining Act, will not
be affected by the new law.
Also in response to the budget shortfall, HB 1665
discontinues the Oklahoma Art in Public Places program
for three years but allows current projects to be
completed to avoid any potential breach of contract.
Under current law, anytime the state has a building
project or renovation costing $250,000 or more, 1.5
percent of the cost must be dedicated to public art.
HB 2172 transfers all powers, duties, and functions
of the Oklahoma Indian Affairs Commission to the
Oklahoma Native American Liaison in the office of the
Governor effective July 1, 2011.
HB 1075 requires that public construction contracts
must specify up to 5 percent of all partial payments
based on work completed be withheld as retainage.
Currently, 10 percent of the payments must be withheld
and then reduced to 5 percent after the contractor has
completed 50 percent of the total contract amount.
SB 331 modifies the number of resident taxpayers
required to institute actions for the recovery of money or
property belonging to the governmental entity. The
measure deletes certain penalties and rewards for
plaintiff taxpayers. If the claims in the relevant taxpayer
action are deemed meritorious, the contract will be void
and property will be returned to the subject
governmental entity. Resident taxpayers will be entitled
to attorney fees and court costs.
SB 708 provides requirements and guidelines for
municipalities that adopt ordinances, resolutions, or
regulations to collect development fees. The
development fees must be based on actual system
improvement costs or certain reliable estimates.
Development fees must be calculated to fund only the
costs of improvements related to certain listed public
infrastructure systems. The measure also:
• Requires that fees not exceed a reasonably
determined proportionate share of the cost of
capital improvement and requires an established
functional nexus between the purpose and the
amount of the fee.
• Restricts municipalities from using fees on
repairs or maintenance to existing public
infrastructure systems.
• Requires the relevant ordinance, resolution, or
regulation to include a schedule of development
fees and a component capital improvement plan
which may only be spent on capital
improvements for that particular public
infrastructure system to serve the area
encompassing the development or only within
that service area. In the alternative,
municipalities are authorized to establish certain
service areas to collect development fees.
HB 1414 makes the Oklahoma Certified Real Estate
Appraisers Act applicable to appraisal review reports
which are reports of the process of developing and
communicating an opinion about the quality of another
appraiser’s work. The measure modifies the duties of
the chairperson of the Real Estate Appraiser Board when
dealing with grievances and modifies the board’s powers
and duties to include establishing standards and criteria
for approving course providers and instructors. The
amount of the Federal Registry Fee the Insurance
Department must collect is modified from $25 to an
amount to be assessed by the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council.
Several licensing requirements for temporary permits,
original certifications, and nonresidents are modified.
Government Modernization and
Agency Oversight
The Legislature enacted two measures intended to
maximize efficiencies in state government through
consolidation of agencies themselves or of various
agency functions.
HB 2140 creates the State Government
Administrative Process Consolidation and
Reorganization Reform Act of 2011. The measure
consolidates the following agencies into the Office of
State Finance (OSF):
• Department of Central Services
• Office of Personnel Management
• Oklahoma State Employees Benefits Council
• Oklahoma State and Education Employees
Group Insurance Board
The Director of OSF is required to consolidate all of the
agencies’ administrative functions by December 31,
2011, and to demonstrate a 15 percent overall cost
reduction and further requires the Director to make
recommendations on the streamlining, reduction, or
elimination of the governance structures and statutorily-established
positions of each agency.
HB 1304 creates the Information Technology
Consolidation and Coordination Act for the purpose of
consolidating certain information technology (IT)
functions and personnel. Provisions of the measure
include:
• Prohibiting state agencies from purchasing or
leasing any IT equipment without the prior
approval of the state’s Chief Information Officer
(CIO);
8 2011 Session Overview
• Requiring all state agencies to provide to the
CIO a list of IT assets of the agency that are
integral to agency-specific functions and a list of
IT positions associated with those assets;
• Requiring the CIO to identify all IT assets and
associated positions of all state agencies that are
not integral to the agency’s specific functions
and directs and the identified IT assets and
positions of appropriate state agencies be
transferred to the Information Services Division
of the OSF; and
• Requiring the CIO to submit quarterly progress
reports, including the net savings realized
through the consolidation of resources and
personnel, to the Director of OSF and to the
Legislature.
A related measure, HB 1086, creates the
Transparency, Accountability and Innovation in
Oklahoma State Government 2.0 Act of 2011 that
includes a number of provisions aimed at updating
administrative processes and increasing public access to
various agency records and expenditures. The bill:
• Requires, effective July 1, 2012, that all
payments disbursed from the state treasury be
made only electronically and that the number of
exempted payments and a list of causes be
published in a report on the State Treasurer’s
website.
• Requires the state’s CIO to maintain a website to
allow public access to electronic documents and
requires each state entity to submit to the CIO
searchable electronic versions of all publications
they are required to produce;
• Requires the CIO to maintain a website to allow
public access to forms produced by state
agencies and requires agencies to submit their
forms to the CIO in a searchable electronic
format;
• Requires OSF to include as part of the
data.ok.gov website all spending data subject to
publication by the School District Transparency
Act.
• Directs the State Geographic Information
Coordinator to develop a website that will allow
public access to geodata collected by state
entities;
• Directs the CIO to promulgate rules for state
agencies to enter into a shared-services
arrangement with OSF for payroll processing
services;
• Requires that all state expenditures published on
the data.ok.gov website include the name and
address of the recipient of the expenditure, the
amount and description of the item or service
purchased, and the agency making the
expenditure;
• Directs the CIO to maintain a website to allow
the public to monitor the status of every
information technology project costing more
than $100,000;
• Requires the Department of Central Services to
utilize a wiki venue to provide two-way
communication between procurement officers
and potential vendors; and
• Prohibits state travel reimbursement for
expenses if the filer of the claim has benefited
from the personal receipt of frequent travel miles
unless the miles are used to offset future claims
against the state.
SB 772 creates the Business and Professional
License Facilitation Task Force to study the
governmental models of states that have a central contact
point or agency facilitating professional licenses and
applications. The 15-member task force is to evaluate
the feasibility of establishing a similar model in
Oklahoma.
Health
A number of measures related to public health
passed this session, including those addressing hospital
fees, abortion, and agency functions.
Health Care
Creating the Supplemental Hospital Offset Payment
Program (SHOPP) Act, HB 1381 authorizes the
Oklahoma Health Care Authority to assess an annual fee
on certain hospitals until January 2015 to receive federal
matching funds. The fee is 2.5 percent of each hospital’s
net patient revenue for the first year and cannot exceed 4
percent in any following year. The measure prohibits
the fee being charged to patients.
Hospitals exempt from the fee include state, federal,
tribal, children’s, long-term acute care, specialty, and
critical access hospitals. The measure requires that the
assessment funds be used only for certain purposes,
including supplemental payments to participating
hospitals for Medicaid and State Children’s Health
Insurance Program (SCHIP) inpatient and outpatient
services, supplemental payments to critical access
hospitals, and administrative program costs not to
exceed $200,000.
With the passage of SB 722, Oklahoma joins a
national health care compact that authorizes member
states to suspend the operation of federal health care
9
regulations which are inconsistent with certain state laws
while still retaining the right to federal health care
funding. The compact requires the consent of Congress.
HB 1271 amends the existing statutory definition of
a person requiring treatment for mental illness or drug or
alcohol dependency by providing that the individual
must pose a substantial risk of immediate physical harm
to self or others. The mental health and substance abuse
history of the individual may be taken into consideration
in determining if treatment is required. The measure
adds treatment advocates to the list of those who can
petition the court for treatment services on behalf of the
individual. It also modifies the definition of dangerous
person by deleting the phrase “one who poses a
substantial risk of harm to self or others” and replacing it
with “a person requiring treatment.”
Abortion
The restrictions in HB 1888 prohibit an abortion at
or after 20 weeks of pregnancy unless it is necessary to
save the mother’s life or prevent major injury. The
measure makes it a felony to knowingly perform an
abortion in violation of the provision. It also requires
physicians to determine the age of a fetus before an
abortion and to report the procedural details to the State
Department of Health which will issue the data in an
annual report of related statistics.
SB 547 prohibits health insurance policies offered in
the state from including elective abortion coverage
except through optional supplemental coverage with a
separate premium.
Expanding the current restrictions on RU-486
(mifepristone), HB 1970 includes any drugs with
abortion-inducing properties that are prescribed with the
intent of causing an abortion. It requires physicians to
administer the drugs according to the drug label and
FDA protocol, to document the gestational age and
location of the pregnancy, and to schedule the patient for
a follow-up appointment.
Agency Operations
Several agencies requested modifications to their
operating procedures through the following legislation.
HB 1397 makes changes to various sections of the
public health code, including:
• Insurance Reimbursement – The measure allows
the Department of Health or city-county health
departments to be reimbursed at the regular plan
rate for services provided to an individual with
health insurance;
• Vital Records – The measure deletes the
requirement that birth and death certificates be
filed with local registrars and replaces it with the
requirement that they be filed with the State
Registrar. The measure increases the penalty
from a misdemeanor to a felony for violating
certain provisions related to birth and death
certificates. The measure defines disinterment
and makes it a misdemeanor to violate
provisions of the act related to disinterment. It
also requires that a copy of a court order for
exhumation be provided to the Department of
Health; and
• Disease Prevention and Control – The measure
replaces the term venereal disease with sexually
transmitted infection and expands the definition.
It removes the requirement that the State Plan
for the Prevention and Treatment of AIDS be
reviewed and reported on annually. It also
exempts from the Open Records Act
confidential information related to individuals
thought to have certain diseases.
HB 1715 modifies the Social Worker’s Licensing
Act to include requirements for applicant criminal
background checks and full-time postgraduate
supervision and restrictions on independent social work
practice. All applicants will be required to pay for a
national criminal history record check and supply two
sets of fingerprints. If the background check reveals a
felony or certain misdemeanors, the application may be
rejected. A social worker with an expired license who
applies for reinstatement after January 1, 2012, must also
submit to the background check.
Making changes to the State Dental Act, SB 574
requires a dentist to maintain a professional liability
insurance policy with exceptions for dentists who are
covered by a group or hospital malpractice policy, are
practicing in certain state or federal facilities, or are
volunteering with a special volunteer license. It
authorizes the investigators of the Oklahoma Board of
Dentistry to perform necessary services, investigate
certain records, and, after retirement, to continue to
possess a sidearm and badge.
Insurance
The Legislature enacted measures related to entities
that the Insurance Department regulates.
HB 1243 modifies reexamination, continuing
insurance education, and license renewal requirements
under the Oklahoma Producer Licensing Act. The
measure eliminates experience requirements and
application fees for some insurance producer licenses
and modifies several classes of business covered by
insurance adjuster licenses and application, examination,
and continuing education requirements under the
Insurance Adjuster Licensing Act. In addition, the bill
10 2011 Session Overview
modifies and adds several application procedures and
requirements for bail bondsman licenses and makes it a
felony to engage in certain acts as a bail bondsman
without a valid license.
Another bill, HB 2072, modifies various operating
procedures of the Insurance Department. Provisions of
the measure include:
• Creating the Insurance Commissioner Revolving
Fund to fund operations of the Insurance
Commissioner;
• Creating the Insurance Department Anti-Fraud
Revolving Fund to fund anti-fraud investigations
within the agency;
• Making the imposition of certain taxes or other
obligations on state insurers optional;
• Authorizing the commissioner to enter into
Nonadmitted Insurance Multi-State Agreements
to carry out the Nonadmitted and Reinsurance
Reform Act of 2010;
• Creating the Unauthorized Insurers and Surplus
Lines Insurance Act and providing that only
certain surplus lines premiums will be subject to
surplus premium taxes pursuant to a
Nonadmitted Insurance Multi-State Agreement
or other agreement entered into by the
commissioner;
• Requiring every health benefit plan to file
specified rates and adjustments with the
commissioner. The commissioner will
determine if the rate or rate adjustments are
reasonable, excessive, or discriminatory; and
• Creating the Uniform Health Carrier External
Review Act which requires all health carriers to
notify the insured parties of external review
rights.
SB 780 creates the Oklahoma Home Service
Contract Act and requires that home service contracts
may not be issued, sold, or offered for sale unless the
provider has given a receipt and copy of the contract to
the contract holder. Providers of home service contracts
sold in this state must register with the Insurance
Commissioner, pay certain fees, and may be subject to
prior review before completing registration. Providers
are required to maintain a funded reserved account not
les than 40 percent of gross consideration received, less
claims paid, and place a financial security deposit with
the commissioner with a value of not less than 5 percent
of gross consideration received, less claims paid, and not
less than $25,000. Providers also are required to
maintain a net worth or stockholders’ equity of $25
million and provide the commissioner, upon request,
certain Securities and Exchange Commission forms or
financial statements. The measure requires providers to
purchase an insurance policy, and the insurer must meet
specific standards. Providers who are registered in this
manner will not be subject to the Service Warranty
Insurance Act.
SB 801 provides for insurance coverage of portable
electronics and requires a vendor of portable electronics
to have a limited lines license to sell or offer coverage
under a policy of portable electronic insurance and
provide a list to the Insurance Commissioner of all
locations in which it offers coverage. Vendors are
required to make available to customers information
about portable electronic insurance and will not be
subject to licensure as insurance producers if they obtain
limited lines licenses and develop a training program for
employees. The measure allows vendors to charge for
specific coverage and requires that charges be separately
itemized. The insurer may terminate or change the terms
of the policy with a specified amount of notice to the
policyholder based on certain circumstances.
Judiciary
The Legislature took action on a number of bills in
an effort to improve Oklahoma’s business climate,
including tort and workers’ compensation reform.
Tort Reform
To address the issue of excessive litigation and
damages awarded in personal injury and medical
malpractice suits, the Legislature passed a series of tort
reform bills with the hope of improving the state’s
business climate by obtaining and keeping more jobs in
Oklahoma.
A key part of the reform agenda, HB 2128 caps
noneconomic damages recoverable in a civil action for
bodily injury at $350,000. The measure creates an
exception so that there is no limit on the amount of
noneconomic damages in a civil action for bodily injury
resulting from negligence if the defendant acted
recklessly, fraudulently, or intentionally or with gross
negligence. In a similar effort to curb noneconomic
damages, SB 272 limits the amount of recoverable
damages in an action arising out of an accident involving
the operation of a motor vehicle, or for any claim against
the motor vehicle liability insurance coverage of another
party, if the plaintiff is not in compliance with the
compulsory insurance laws. Damages are limited to the
amount of medical costs, property damage, and lost
income and must not include any award for pain and
suffering, with provided exceptions.
In another effort to limit recoverable damages,
SB 862 makes a defendant only responsible for the
portion of damages that the defendant actually caused.
11
The measure removes a requirement that a defendant, in
certain civil actions, be jointly and severally liable for all
damages if the defendant is found to be more than 50
percent at fault. The measure also removes the
requirement that a joint tortfeasor will be jointly and
severally liable for all damages if the tortfeasor acted
with willful and wanton conduct or reckless disregard
for the consequences.
SB 865 requires the Oklahoma Uniform Jury
Instructions in a civil case to include an instruction that
no part of an award for damages for personal injury or
wrongful death is subject to federal or state income tax,
and the jury should not consider income taxes when
determining a proper compensation award.
For clarification of damages in a civil case involving
personal injury, HB 2023 requires that the actual amount
paid for certain medical bills will be admissible at trial,
instead of the amounts billed for expenses incurred. The
measure provides that a lien filed by a medical examiner
for an amount in excess of the amount paid for certain
medical bills will be admissible.
HB 2024 authorizes a court to order that future
damages incurred after the date of judgment that exceed
$100,000 be paid in whole or in part in periodic
payments rather than by a lump-sum payment. The
periodic payments cannot exceed seven years from the
date of entry of judgment. The measure provides
requirements for the judgment ordering the payment of
future damages and the defendant must provide evidence
of financial responsibility. The orders for future
payments will constitute a release of the health care
liability claim filed by plaintiffs. Upon termination of
the periodic payments, the security will be returned to
the defendants. Upon death of the recipient, money
damages for loss of future earnings must continue to be
paid to the estate.
HB 1209 provides limited malpractice protection for
certain physicians providing emergency medical services
to an injured participant at an athletic event except when
the physician commits gross negligence or willful or
wanton negligence.
Workers’ Compensation
The Legislature also sought to improve Oklahoma’s
business climate by reforming the state’s workers’
compensation system by reducing legal and medical
costs, allowing claims to be processed more quickly, and
getting injured workers retrained and back to work.
SB 878 rewrites and recodifies essentially all of the
state’s workers’ compensation law and creates a new
Workers’ Compensation Code. Some of the differences
between the current law and provisions of the bill
include:
• Establishing several new guidelines for treating
injured workers by requiring a physician’s
opinion of the nature and extent of certain
injuries be based on the “American Medical
Association’s Guides to Evaluation of
Permanent Impairment” or other certain
subsequent editions;
• Establishing reimbursement rates for medical
providers who treat injured workers;
• Reducing the cost of medical care by 5 percent,
the administrator is directed to develop a new
Workers’ Compensation Medical Fee Schedule
by January 2012 that will establish the
maximum rates that medical providers are
permitted to be reimbursed for medical care
provided to injured workers;
• Decreasing the involvement of private attorneys
by requiring voluntary mediation be available to
any party to a claim;
• Allowing the court to order mediation in any
case;
• Modifying eligibility for workers’ compensation
treatment by expanding and clarifying which
employers are exempted under the code;
• Requiring independent medical examiners be
specialists in the injuries they are diagnosing;
and
• Preventing doctor-shopping by limiting when
injured workers can change doctors.
HB 2038 authorizes the Workers’ Compensation
Court administrator to compile annual reports relating to
characteristics of cases including amount of surgeries,
length of temporary total disability, permanent partial
disability, and other medical treatments and therapies.
Miscellaneous
HB 1226 requires a portion of real property taken by
eminent domain to be offered for resale to the original
owner or heirs, at the appraised value or original price,
when the property is not used for the purpose for which
it was condemned or for another public use. The agency
or entity which acquired the real property is required to
notify the former landowner of the right of first refusal.
The property may be sold at public sale if the offer to
repurchase is not accepted. Another measure, SB 124,
was passed to protect rural landowners from wind
turbine companies by prohibiting the companies from
using eminent domain for the siting or erection of wind
turbines on private property.
Continuing a 2010 legislative effort, SB 406
strengthens the state’s funeral picketing laws. Currently,
protesters are banned from funerals for up to an hour
before and after a service. They also must stay at least
12 2011 Session Overview
500 feet from the service. SB 406 extends the time
period to two hours before and after and increases the
distance to 1,000 feet.
In a significant rewrite of Oklahoma employment
discrimination laws, SB 837 provides for exclusive
remedies for individuals alleging discrimination in
employment on the basis of race, color, national origin,
sex, religion, creed, age, disability, or genetic
information. The bill repeals common law actions in
employment discrimination lawsuits, creating the same
remedies for all employment discriminatory actions.
The measure modifies the definition of a discriminatory
practice to include individuals discriminated against
because of genetic information or a disability as those
protected under the relevant discrimination provisions,
unless the employer can demonstrate that
accommodation for the disability would impose an
undue hardship on the operation of the business. The
measure extends protections to employment applicants.
SB 398 modifies state statutes related to telephone
solicitation by prohibiting unsolicited telemarketer text
messages. The bill expands the Attorney General’s
statewide registry listing consumers who do not wish to
receive unsolicited telemarketing calls or, per the
measure, text messages.
Public Employees
Pension Reform
In an effort to address the more than $16 billion
unfunded liability of the state’s retirement systems,
legislators sent several major pension reform measures
to the Governor. HB 2132 amends the Oklahoma
Pension Legislation Actuarial Analysis Act by
stipulating that cost-of-living adjustments (COLAs) are
to be considered fiscal retirement bills, thus requiring
that COLAs be fully funded at the time of authorization.
This measure alone is estimated to decrease the state’s
unfunded liability by $5 billion.
The Legislature also enacted pension reform
measures that increase the normal retirement age for new
hires. SB 377 increases the normal retirement age from
62 to 65 for new members of the Teachers’ Retirement
System of Oklahoma (OTRS) who join the system on or
after November 1, 2011. These new OTRS members
may also retire pursuant to the Rule of 90, as long as
they are at least 60 years old. Under the rule of 90
members may retire when the sum of their age and years
of service equals 90. SB 794 increases the normal
retirement age from 62 to 65 for new members of the
Oklahoma Public Employees Retirement System
(OPERS) who join the system on or after November 1,
2011. Like new members of OTRS, these new members
of OPERS may retire pursuant to the Rule of 90 as long
as they are at least 60 years old. SB 794 also increases
the normal retirement age for elected officials who are
elected or appointed to office after November 1, 2011,
from 60 to 65, or age 62 if the elected official has at least
ten years of service. HB 1010 raises the normal
retirement age for new members of the Uniform
Retirement System for Justices and Judges from 65 to
67. Justices or judges with at least ten years of service
are eligible to retire at age 62.
HB 1007 establishes the Pension Funding
Accountability Act of 2011. This act provides for a
monthly transfer of revenues from a revolving fund
administered by the State Department of Education to
OTRS, which has the effect of increasing the recognized
state per pupil spending amount. SB 891 requires school
districts employing a retired member of OTRS to pay the
employee’s contribution when he or she returns to work
for a school system. HB 1648 removes language from
state statutes that allows OTRS members who are absent
from teaching while serving an as officer of a local,
state, or national education association to continue
participating in OTRS. OTRS members elected before
January 1, 2011, may continue to participate, but service
credit is limited to 12 years. SB 347 requires a
municipal employee convicted of certain criminal
activities related to the duties of his or her office or
employment to forfeit his or her retirement benefits.
Health Insurance Benefits
A final cost-saving measure deals with state
employee health insurance benefits. HB 1062 allows
active state employees covered by a separate group
health insurance plan to opt out of the state’s basic plan
and provides that employees opting out of coverage will
receive $150 a month in lieu of the flexible benefit
amount the employee would otherwise be eligible to
receive.
Redistricting
Oklahoma’s population kept pace with most of the
nation, growing by 8.7 percent, which allowed the state
to retain its five congressional districts. HB 1527
creates the Oklahoma Congressional Redistricting Act of
2011. According to the 2010 Census, Oklahoma’s total
population is 3,751,351. Each congressional district has
750,270 people, except for Congressional District 5,
which has 750,271. The Oklahoma Congressional
district map was not altered significantly from the
existing map.
The State House of Representatives Redistricting
Act of 2011 is found in HB 2145. Based upon the total
state population, each state House district should have an
13
ideal population of 37,142 people. Each new House
district (HD) deviates from the ideal population by less
than 1 percent.
No state representative incumbents that are eligible
for reelection in 2012 are pitted against another
incumbent eligible for reelection, but some term-limited
members are affected. The most dramatic changes from
the current (2002-2010) Oklahoma House district map to
the proposed House district map can be found in HD 60
and HD 20, currently represented by term-limited
members. These changes add representation for the fast-growing
suburban areas in Canadian and Cleveland
Counties. House District 60 was moved to Canadian
County, encompassing the majority of El Reno and part
of Caddo County. This change caused a major shift in
HD 55, to include Roger Mills and a majority of
Beckham and Greer Counties.
The new House districts will take effect with the
2012 elections.
SB 821 creates the State Senate Redistricting Act of
2011. In the State Senate, only the even-number Senate
districts will be up for election in 2012, but all of the
new Senate districts will take effect in November 2012.
Based upon the total state population, each state Senate
district should have an ideal population of 78,153
people. Each new Senate district deviates from the ideal
population by less than 1.3 percent.
Revenue and Taxation
In addition to focusing on the issue of tax credits this
session, the Legislature addressed measures related to
sales tax collections, tax exemptions, and fees for
vending machines.
HB 1634 reduces the annual permit fee from $150 to
$75 for each coin-operated vending machine, music
device, or amusement device requiring a coin or token of
25 cents or more effective July 1, 2011.
Recognizing the significance and importance of the
oil industry to the economy of the state of Oklahoma,
HB 1488 extends the sunset dates for two years until
July 1, 2014, for existing gross production tax
exemptions for certain horizontally drilled wells and
deep depth well production.
HB 1285 creates the Task Force for the Study of Tax
Credits and Economic Incentives to examine all state tax
credits and identify those credits which are beneficial to
the economic and financial wellbeing of the state.
HB 1475 requires all retail vendor sites selling
fireworks to collect sales taxes and display the sales tax
permit in the vicinity of the sales operation to be visible
for examination by any enforcement officer. Retail
fireworks vendors that fail to collect sales tax will be
subject to the penalties prescribed in current law.
HB 1954 extends a sales tax exemption, for certain
manufacturers that are expanding or re-tooling their
facilities, to their contractors or third parties making
purchases on their behalf. The measure applies to
manufacturing property, machinery, and equipment for
use in a petroleum refinery.
Property Tax
HJR 1002 directs the Secretary of State to refer a
proposed constitutional amendment to a vote of the
people. Beginning January 1, 2013, the constitutional
amendment would limit the increase in the fair cash
value for tax assessment purposes of a homesteaded
property or a property used for agricultural purposes to 3
percent.
Transportation
Recognizing the need for future expansion and
innovation of the transportation network in Oklahoma,
HB 1686 creates the Eastern Flyer Passenger Rail
Development Task Force to study and develop a
comprehensive plan for expanding passenger and high
speed passenger rail service from Tulsa to Oklahoma
City.
SB 816 prevents boards of county commissioners
and the Department of Transportation from opening a
closed section line road if a business makes a minimum
capital investment of $10 million in a facility and hires
25 new employees whose salaries meet or exceed the
average county wage where the facility is located.
Several measures were passed during the session
focusing on highway safety and rules pertaining to users
of Oklahoma roads. SB 126 requires that the driver of a
bus, whether occupied or unoccupied by passengers,
must not proceed through a railroad crossing unless the
driver stops the bus within 50 feet of, and not closer than
15 feet to, the tracks, listens and looks in each direction
along the tracks for an approaching train, and ascertains
that no train is approaching. SB 417 prohibits a solid
waste disposal vehicle operator from stopping or parking
on a sidewalk, within an intersection, alongside any
street excavation or obstruction which would obstruct
traffic, upon any bridge or elevated structure, or at any
place where official signs prohibit stopping except when
instructed by a police officer or traffic control device.
HB 1815 modifies the existing taxation system for
compressed natural gas to promote fairness and
improved administration of motor fuel taxation by the
Oklahoma Tax Commission. The bill reduces the levy
of motor fuel taxation for compressed natural gas from
16 cents per gallon or gasoline gallon equivalent to 13
14 2011 Session Overview
cents per gallon, allows a rate of tax to be imposed at 5
cents per gasoline gallons equivalent for a period of time
sufficient to allow the development of compressed
natural gas distribution systems. The bill also requires
each person who engages in the selling of motor fuel or
compressed natural gas to obtain a fuel vendor license.
The bill further exempts compressed natural gas from
the definition of special fuels for purposes of vehicles
required to obtain a special fuel tax decal.
HB 1232 authorizes the Department of
Transportation to close any highway due to flooding and
provides that the court may order restitution to
emergency responders called to rescue motorists who
circumvent traffic control devices due to closed roads
and for reimbursement for repair or replacement of any
lost or damaged equipment.
Veterans and Military Affairs
In showing respect and reverence for military
personnel who die while serving in any branch of the
United States Armed Forces, the United States Reserve
Forces or the National Guard, HB 1355 creates the
Deceased Veterans Act. The bill clarifies the order of
persons responsible for the disposition of the remains of
a deceased veteran and allows the funeral director to
control final disposition when no person in order of
succession can be found. The measure further provides
that if a military person dies in the line of duty and has
completed a United States Department of Defense
Record of Emergency Data, DD Form 93, or its
successor form, the person authorized in the form by the
veteran pursuant to that form will have the right to bury
the decedent or to make other funeral and disposition
arrangements. The act further creates a revolving fund
for the Oklahoma Turnpike Authority to be designated
as the Honor the Fallen Revolving Fund, to be used to
reimburse the authority for tolls incurred by the funeral
procession of any member of the United States Armed
Forces who is killed in the line of duty.

1
2011
Session Overview
FIRST REGULAR SESSION OF THE
53RD
LEGISLATURE
Oklahoma House of Representatives
Research Division May 27, 2011
Introduction.....................................................................1
Agriculture ......................................................................1
Children and Families .....................................................2
Corrections and Public Safety.........................................2
Economic Development and Financial Services.............4
Education ........................................................................5
Elections..........................................................................5
Energy and Utility Regulation ........................................6
Environment....................................................................6
General Government .......................................................6
Government Modernization and Agency Oversight .......7
Health..............................................................................8
Insurance .........................................................................9
Judiciary........................................................................10
Public Employees..........................................................12
Redistricting..................................................................12
Revenue and Taxation...................................................13
Transportation...............................................................13
Veterans and Military Affairs .......................................14
Introduction
The 2011 session of the Oklahoma Legislature was
largely defined by the $500 million budget shortfall
caused, in part, by the loss of federal stimulus funds.
The Legislature developed a budget agreement of $6.5
billion that focused on mitigating cuts to core services
including education, health and human services,
transportation, and public safety. Cuts to agency
budgets ranged from less than 1 percent to 9 percent.
Legislators addressed a number of policy issues that
included reforming the worker’s compensation system,
continuing efforts at tort reform by addressing non-economic
damages, building in greater academic and
financial accountability in the state’s education system,
shoring up the state’s pension systems, addressing high
incarceration rates through criminal justice reform,
maximizing efficiencies in government through
consolidation and modernization of processes, and
establishing a closing fund that will help attract new
business to the state. The Legislature also was faced
with the task of redistricting which occurs after every
decennial census.
Agriculture
Legislators made changes in several areas including
those related to trespassing, farmed cervidae businesses,
hunting regulations, swine farm regulations, and other
agriculture-related businesses.
SB 828 requires that people notify landowners and
hunting lease holders when entering land and increases
the fine for hunting; pursuing game; discharging a
firearm within 440 yards of any church, schoolhouse, or
public place; or shooting from across a public road,
highway, highway right-of-way, or railroad right-of-way.
A violation can result in a fine of at least $500 but
not more than $1,500 for the first offense and of $1,500
to $2,000 for subsequent offenses. The measure also
prohibits shooting from across a public road, highway,
or railroad right-of-way into a facility licensed pursuant
to the Oklahoma Farmed Cervidae Act or a big game
commercial hunting area.
Two other measures also make changes to farmed
cervidae regulations. HB 1474 increases the fine for
willfully entering a facility licensed pursuant to the
Oklahoma Farmed Cervidae Act or a commercial
hunting area licensed pursuant to Oklahoma law without
permission. The maximum fine will be $1,500.
HB 1473 removes the double-fencing requirement for
cervidae farms. Double fencing was required to keep
wild deer separate from animals raised on cervidae
farms.
2 2011 Session Overview
Another measure dealing with hunting regulations,
HB 1338 lowers the minimum age for hunters allowed
to purchase apprentice licenses to age 8. This allows
them to hunt with a licensed hunter at least 18 years old.
It also requires all persons under age 10 to be
accompanied by a licensed hunter who is at least 18
years old. HB 1339 requires that dealers issue hunting
and fishing licenses electronically by January 1, 2013.
With regard to swine feeding operations, HB 1957
requires that new operations established after November
1, 2011, using liquid swine waste management systems
and housing swine in roof-covered structures, not be
located within three miles of the outside boundary of any
facility with an average annual registered attendance of
2,000 people or more and owned or operated as a camp
or recreational site by a nonprofit organization
established prior to the swine feeding operation. For
facilities with an average annual attendance of 2,000 or
less, the setback will be one mile from the outside
boundary of the facility.
SB 228 makes changes to procedures for reporting
damages to crops by pesticide applicators. Those
alleging damage to growing crops or plants must file a
written complaint with the Department of Agriculture,
Food, and Forestry and allow the applicator and the
applicator’s representatives access to the property to
assess the alleged damage.
SB 420 specifies that Oklahoma City and Tulsa and
their respective airports; the Oklahoma Department of
Agriculture, Food, and Forestry; the United States
Department of Agriculture; and the United States
Custom and Border Patrol will cooperate to establish
international and domestic livestock exporting services.
Children and Families
The Legislature acted upon the recommendations of
the Adoption Review Task Force by passing SB 510.
The measure:
• Directs the Administrative Director of the
Courts to develop a form to collect demographic
information regarding the adoption of each child
in Oklahoma and requires each court clerk to
collect the information and make an annual
report. The Department of Human Services will
compile the data and report it to the public;
• Modifies the list of allowable adoption-related
costs and expenses that a person may pay for in
connection with an adoption to include
reasonable and necessary costs associated with
an international adoption and a one-time gift
from the adoptive parents to the birth mother
valued at no more than $100;
• Clarifies what constitutes reasonable and
necessary living expenses of the birth mother
and requires certain verification of living
expenses paid for on behalf of a birth mother;
• Modifies the list of persons or agencies that are
authorized to conduct a home study of
prospective adoptive parents;
• Increases from 22 to 99 years the length of time
records of adoptions finalized in the state are
required to be maintained; and
• Authorizes the court to disclose to an employee
of an out-of-state entity licensed to perform
home studies in that state whether a prospective
adoptive parent has relinquished or had parental
rights to a child in Oklahoma terminated.
Another measure, HB 2136, provides greater
protection for children in state custody being reunited
with their parents. The measure requires the Department
of Human Services to conduct a criminal background
check of any adult in the home prior to a trial
reunification and requires that the department submit
service provider progress reports and critical incident
reports to the court and certain parties in a deprived
action so that a more informed decision about the child’s
placement can be made. The bill also requires the
department, upon receiving a report alleging abuse or
neglect, to conduct an investigation rather than an
assessment under certain conditions and allows the
Oklahoma Commission on Children and Youth to
disclose any previous child welfare encounters or
investigations involving a child who has died or nearly
died and whether the person responsible for the child
was charged.
Corrections and Public Safety
The Legislature focused its efforts on meaningful
corrections reform this session by examining the types of
criminals who should be imprisoned and those who can
be rehabilitated through extensive community
corrections programs. Legislators also enacted measures
to reduce incidents of drunk driving and domestic
violence. The rights of citizens to protect themselves
were also enhanced with the passage of gun legislation.
Major efforts at the reform of the corrections system
in Oklahoma culminated in the passage of HB 2131.
One of the major provisions contained in the measure
limits the role of the Governor in the parole process for
nonviolent offenders. Under this new system, the
Governor has 30 calendar days to review parole
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recommendations for nonviolent crimes, and if no action
is taken within the 30 days, parole is granted. Parole
recommendations for crimes of violence are exempted
from the 30-day requirement, and the Governor must
grant or deny parole for persons convicted of a violent
crime. Another reform item establishes qualifications
for eligibility to be appointed as a member of the Pardon
and Parole Board. The bill requires that future board
members have a college degree and experience in the
criminal justice field.
Another reform contained in the measure expands
the number of offenders who can participate in
community corrections programs. Community
sentencing allows a court to impose a punishment as a
condition of a deferred or suspended sentence and allows
the offender to engage in programs within the
community rather than be sentenced to prison. All
offenders are given a level of services inventory
assessment to determine if they are amenable to
community placement. To increase the number of
eligible participants, the bill modifies the definition of
eligible offender to include offenders who have been
assessed at a range other than the low range and who
have been convicted of at least one prior felony offense.
Lastly, steps also were taken to alleviate the
overcrowded conditions at Oklahoma’s prison facilities
by expanding the use of electronic monitoring. The bill
lowers from 180 days to 90 days the time which an
offender must be incarcerated before the offender can be
considered for electronic monitoring. Inmates serving a
sentence of more than five years who have 11 or more
months left on a sentence or any inmate serving a
sentence of five years or less whose initial custody
assessment requires placement below the maximum
security level are not eligible for community placement.
The Erin Elizabeth Swezey Act was created by
SB 529 as an attempt to reduce the number of drunk
drivers operating on Oklahoma roadways. The measure
requires persons subject to a court order for the
installation of an ignition interlock device to submit their
driver license or identification card for a replacement
license that bears the words “Interlock Required.” The
bill requires an ignition interlock be placed on an
offender’s motor vehicle during any modification of a
revocation for Class D motor vehicles. An ignition
interlock device is required on a first revocation for a
period of one and one-half years following the
mandatory period of revocation if the person had a blood
alcohol content of .15 or more. The mandatory period
for an ignition interlock device increases to a period of
four years on a second offense. For third and subsequent
offenses, the person must have an ignition interlock
device for five years. The bill limits the cost for the
ignition interlock device to not more than $25 per
month. The bill also requires that upon a third
conviction, a person is subject to the cancellation or
denial of driving privileges, an assessment of the
person’s degree of alcohol abuse, and the continued
installation of an ignition interlock device after the
mandatory period of cancellation, denial, or revocation.
Another measure aimed at protecting the public is
SB 324 which applies the same standards placed upon
the motoring public to boat operators. The bill lowers
the blood alcohol concentration from .10 to .08 for the
determination of being under the influence while boating
and provides that any person who operates a vessel on
the waters of the state has given consent to blood or
breath tests to determine alcohol concentration. Persons
who refuse the blood or breath test can be fined up to
$1,000.
Impacting gang activity was also addressed by the
Legislature this session. SB 923 increases the
punishment from not more than one year to not more
than five years in prison for any person convicted of
encouraging, soliciting, or recruiting a minor to
participate in a gang. The fine also is increased from
$1,000 to not more than $5,000. A second offense is
increased from not more than five years to not more than
10 years in prison. The measure also creates a new
felony offense for committing a gang-related offense as
a condition of membership in a gang. Punishment is five
years in prison in addition to any other penalty imposed
for the original offense. School employees are required
to report any suspected gang members to a designated
school official who is to report the information to local
law enforcement.
Sex offenders also received attention this session.
Reacting to a situation whereby numerous sex offenders
were residing in a trailer park, SB 852 clarifies the
definition of multi-unit structure as used to determine
the dwellings in which registered sex offender are
allowed to reside. The measure defines multi-unit
structure to mean a structure with multiple residential
units that provide independent living facilities for living,
sleeping, cooking, eating, and sanitation within each
individual unit. Manufactured homes, mobile homes,
trailers, and recreational vehicles that do not meet the
descriptions are not to be considered multi-unit
structures. The measure further prohibits any person or
entity from knowingly establishing, leasing, operating,
or owning any structure or portion of a structure where
persons required to register pursuant to the Sex
Offenders Registration Act are allowed to reside
together. The penalty for violation is a misdemeanor,
4 2011 Session Overview
subject to a fine of not more than $500, imprisonment in
the county jail for not more than one year, or both fine
and imprisonment. A second violation is a
misdemeanor, punishable by a fine of not more than
$2,500, imprisonment in the county jail for not more
than one year, or both fine and imprisonment. A third or
subsequent violation is a felony, punishable by a fine of
not less than $2,500 nor more than $5,000,
imprisonment for not more than five years, or both fine
and imprisonment. The measure becomes effective July
1, 2012.
Protecting persons from domestic violence was the
aim of SB 952 which creates two new felony crimes
relating to domestic violence. A new felony offense of
domestic assault or domestic assault and battery with a
dangerous weapon is established with a punishment of
imprisonment in Department of Corrections custody for
not more than ten years or by imprisonment in a county
jail for not more than one year. The new felony crime of
domestic assault and battery with a deadly weapon is
created with punishment of imprisonment in the custody
of the Department of Corrections not exceeding life
imprisonment. Additionally, the measure adds
aggravated assault and battery upon any person
defending another person as an 85 percent crime, which
is a crime that requires the person to serve a minimum of
85 percent of the sentence imposed before the person is
eligible for good time or other earned credits. The
measure also requires the court to order any offender to
counseling as a condition of a suspended sentence or
probation for a conviction for domestic assault and
battery with a dangerous weapon or domestic assault and
battery with a deadly weapon. The bill also prohibits a
police officer or sheriff from releasing a person arrested
for an act constituting domestic assault and battery or
domestic assault and battery with a deadly weapon
without the person appearing before a judge or court and
prevents a person arrested for an act constituting
domestic assault and battery or domestic assault and
battery with a deadly weapon from being considered for
pretrial release programs.
Another provision of the measure allows state
charges to be brought if a law enforcement officer who
is assaulted is employed by the federal government and
increases the punishment for aggravated assault and
battery upon a law enforcement officer to a term of
incarceration not to exceed life in prison, a fine not
exceeding $1,000, or both fine and imprisonment. If the
assault results in maiming, a conviction results in
punishment of not less than five years nor more than life
imprisonment, a fine of not more than $5,000, or both
fine and imprisonment. The bill modifies the crime of
maiming by increasing the punishment upon conviction
to a term of incarceration not exceeding life
imprisonment, a fine of not more than $1,000, or both
fine and imprisonment. The current punishment is a
term of incarceration not exceeding seven years in
Department of Corrections custody or up to one year in
the county jail.
Two measures enhance gun rights of Oklahoma
citizens. HB 1439 extends the provisions of the Make
My Day Law to the person’s place of business when the
person is in fear of imminent peril of death or great
bodily harm. A person or owner, manager, or employee
of a business is presumed to have held a reasonable fear
of imminent peril of death or great bodily harm to
themselves or others when using defensive force that is
likely to cause death. A second measure, HB 1652,
allows a person who is a carry concealed permit holder
to store his or her weapon in a locked vehicle while on a
career technology center campus.
Economic Development and
Financial Services
A major focus of the 2011 legislative session was
economic development. The Legislature enacted
measures related to the Quality Jobs Act and the Local
Development Act intended to grow business in
Oklahoma.
HB 1953 creates the Oklahoma Quick Action
Closing Fund. The fund is to be used to further the
state’s economic development efforts, specifically in
situations where spending these dollars would likely be a
determining factor in locating or retaining a high-impact
business project or facility in Oklahoma. The Director
of the Oklahoma Department of Commerce (ODOC)
may recommend expenditures from the fund after
analyzing certain economic benefit factors. After
approval by the Governor, ODOC may enter into an
agreement establishing conditions for payment from the
fund.
Two other measures are intended to enhance
Oklahoma’s business climate.
SB 13 amends the Local Development Act to allow
cities, towns, and counties that are not contiguous to
form incentive districts or increment districts.
SB 154 amends the 21st Century Quality Jobs
Incentive Act so that incentive payments for an
establishment are stopped if its gross payroll falls below
the required threshold for four consecutive quarters
during a 28-quarter period.
5
Education
Legislators concentrated much of their attention on
reforming the education system to help students develop
better reading and math skills in the early grades, offer
parents more choices, and give administrators more
flexibility. In addition, legislators made efforts to
address the financial situation of school districts.
As a result of SB 346, students not having necessary
reading skills by third grade will not be promoted to the
fourth grade, ending the practice of social promotion
starting in the 2011-12 school year. Districts must
provide intensive reading instruction to students with
lower reading scores in grades kindergarten through
third grade. Third grade students who do not pass to the
fourth grade also must receive additional reading
instruction and remediation through an altered
instruction day. Students will not be retained more than
two years. HB 1269 requires teachers to teach the five
elements of reading to help students receive improved
reading instruction. HB 1918 turns the focus to math by
requiring that the Oklahoma Commission for Teacher
Preparation establish a math professional development
program in the elementary schools contingent upon
funding.
To insure quality in the schools, HB 1456 requires
that the State Board of Education give schools letter
grades according to school performance and provide that
information to parents, and SB 2 requires the adoption of
graduation rate targets with the goal being 100 percent.
Districts will calculate graduation rates using four-year
cohorts to get more accurate numbers. Schools not
meeting targets at the end of the initial two years or in
subsequent years must make graduation improvement
plans and participate in training provided by the State
Board of Education.
One measure makes changes to the process of
teacher termination. HB 1380 repeals the section of law
that gives teachers the right to trial de novo. Trial de
novo allows teachers a new trial in district court after
local boards vote to terminate them. It also makes
districts follow the same termination procedure for
career and probationary teachers.
Two measures made changes to the State
Department of Education and the State Board of
Education. HB 2139 gives the State Superintendent of
Public Instruction more flexibility in overseeing the
State Department of Education. The Superintendent will
have the right to oversee daily operation of the State
Department of Education and hire staff without approval
from the State Board of Education. The board will
maintain supervision of the public school system of
Oklahoma. The second measure, SB 435, alters the
State Board of Education membership. It directs the
Governor to appoint one member from each
congressional district and one member from the state at-large.
The Superintendent of Public Instruction will be
the chairperson of the seven-member board. Terms will
be for four years, and members will serve at the pleasure
of the Governor.
Another area of concern for legislators was the
financial situation of schools. A number of bills
addressed directing more funds toward classroom
expenses. HB 1372 requires that staff for certain
administrators count as administrative expenditures and
thus would be subject to the cap on the amount of money
districts can spend on administration. SB 664 lowers
that cap on school district administrative expenditures.
The cap varies from 5 percent of total expenditures to 8
percent of total expenditures depending upon the average
daily attendance of the district, with smaller districts
having a higher percentage. SB 536 creates the Task
Force on Creating Administrative Efficiencies to study
ways to reduce spending on administration in school
districts. HB 2115 expands the school consolidation
assistance fund to allow districts to receive funds for
sharing superintendents, and SB 260 delays the
requirement for full-day kindergarten to allow districts
to continue to use Title I money for kindergarten.
Two measures are designed to provide scholarships
and grants to students and school districts. SB 969
creates the Oklahoma Equal Opportunity Education
Scholarship Act which allows tax credits for those
contributing to organizations granting scholarships or
eligible educational improvement grant organizations.
HB 1852 allows contributions to the Public School
Classroom Support Revolving Fund which will be used
for grants to teachers.
Elections
Three measures intended to keep the state in
compliance with federal election requirements were
passed.
SB 115 creates the Uniform Military and Overseas
Voters Act, which directs the Secretary of the State
Election Board to make available to covered voters
information regarding voter registration procedures and
procedures for casting military-overseas ballots and
directs the Secretary to develop standardized absentee-voting
materials, including a declaration for use by a
covered voter to affirm the voter’s identity and eligibility
to vote. The bill establishes procedures for registering to
vote and for the processing of ballot applications and
transmittal of ballots.
6 2011 Session Overview
HB 1615 creates the Let the Troops Vote Act and
modifies:
• The dates for primary elections;
• The time frame for forming a recognized
political party;
• The time frame for changing political affiliation;
• The dates for holding special elections and the
filing period dates;
• The required time frame for the transmission of
absentee ballots upon application; and
• The date of the Presidential Preferential Primary.
SB 328 modifies the state’s Election Management
System to be consistent with the requirements of the
federal Help America Vote Act, including specifying
procedures for counting votes in a declared election
emergency. The measure suspends local elections in
December of 2011 and January of 2012 to allow for an
orderly transition to the new system.
HB 1664 removes the requirement that ballot titles
be written on the eighth grade reading comprehension
level. The measure authorizes the Attorney General to
respond in writing to certain comments on ballot titles
made by the Speaker of the House or President Pro
Tempore of the Senate. The measure also authorizes the
President Pro Tempore or Speaker to appeal to the
Supreme Court and offer a substitute ballot title and
provide procedures for such appeals.
SB 54 modifies qualifications for the office of
District Attorney and requires a candidate to be a
registered voter in the district and reside within the
district for six months preceding filing. Similarly,
SB 117 requires candidates for county commissioner to
have been registered voters in the district and reside in
the district for six months preceding filing.
Energy and Utility Regulation
The Legislature passed several bills this year that
involved modernizing Oklahoma state statutes to reflect
new, growing industries and technological innovations.
HB 1821 creates the Exploration Rights Act of 2011 to
try to mitigate potential conflicts between industries that
rely upon the reasonable use of the surface estate,
namely the wind, oil, and gas industries. The measure
outlines mineral owner rights with regard to the surface
estate, and stipulates that certain parties may not
unreasonably interfere with the mineral owner’s right to
make reasonable use of the surface estate. HB 1909,
known as the 2011 Shale Reservoir Development Act,
modifies state statutes related to the regulation of
horizontal drilling in shale reservoirs to harmonize
Oklahoma laws with innovations in technology that have
developed in the oil and gas industry. Among other
things, the act outlines the jurisdiction of the Oklahoma
Corporation Commission with regard to multiunit
horizontal wells and horizontal well unitizations.
Additionally, HB 1079 establishes the Electric Usage
Data Protection Act to protect the confidentiality of
consumer information gathered by smart meters now
used by electric utility companies in Oklahoma. The bill
establishes certain requirements related to access to and
maintenance of the confidentiality of customer
information and stipulates provisions under which
certain types of information may be disclosed without
customer consent.
SB 885 clarifies provisions in the tax law relating to
horizontal and deep depth wells that qualify for a
reduction in the gross production rate that were
previously amended under HB 2432 in the 2010
legislative session. That legislation inadvertently
excluded qualifying wells which exist prior to July 1,
2011.
Environment
The Legislature addressed issues related to waste,
water, and conservation practices this session.
HB 1939 increases used tire recycling fees to $2.50
for all motor vehicle tires 19.5 inches in rim diameter or
less. The measure also requires that 28 percent of the
annual amount that accrues in the Used Tire Recycling
Indemnity Fund be allocated to the Department of
Environmental Quality’s Revolving Fund to implement
provisions related to air pollution.
HB 1059 requires individuals serving water to the
public from a water system that was constructed without
a permit to apply for a permit by a specified date.
In addition to prohibiting a person from operating a
commercial composting facility without a Department of
Environmental Quality permit, SB 19 requires the
owner/operator of the facility to assess a $1.25 per ton
fee on composting material received. It also requires the
owner/operator of a solid waste landfill to maintain
certain exterior and interior slopes.
General Government
In an effort to control costs for Oklahoma’s cities
and save taxpayer dollars, HB 1593 repeals the
Oklahoma Municipal Employee Collective Bargaining
Act, a law which required cities with at least 35,000
residents to have collective bargaining if nonuniformed
employees unionize. Oklahoma City, Tulsa, Norman,
and Muskogee, all of which had collective bargaining
agreements prior to the 2004 passage of the Oklahoma
7
Municipal Employee Collective Bargaining Act, will not
be affected by the new law.
Also in response to the budget shortfall, HB 1665
discontinues the Oklahoma Art in Public Places program
for three years but allows current projects to be
completed to avoid any potential breach of contract.
Under current law, anytime the state has a building
project or renovation costing $250,000 or more, 1.5
percent of the cost must be dedicated to public art.
HB 2172 transfers all powers, duties, and functions
of the Oklahoma Indian Affairs Commission to the
Oklahoma Native American Liaison in the office of the
Governor effective July 1, 2011.
HB 1075 requires that public construction contracts
must specify up to 5 percent of all partial payments
based on work completed be withheld as retainage.
Currently, 10 percent of the payments must be withheld
and then reduced to 5 percent after the contractor has
completed 50 percent of the total contract amount.
SB 331 modifies the number of resident taxpayers
required to institute actions for the recovery of money or
property belonging to the governmental entity. The
measure deletes certain penalties and rewards for
plaintiff taxpayers. If the claims in the relevant taxpayer
action are deemed meritorious, the contract will be void
and property will be returned to the subject
governmental entity. Resident taxpayers will be entitled
to attorney fees and court costs.
SB 708 provides requirements and guidelines for
municipalities that adopt ordinances, resolutions, or
regulations to collect development fees. The
development fees must be based on actual system
improvement costs or certain reliable estimates.
Development fees must be calculated to fund only the
costs of improvements related to certain listed public
infrastructure systems. The measure also:
• Requires that fees not exceed a reasonably
determined proportionate share of the cost of
capital improvement and requires an established
functional nexus between the purpose and the
amount of the fee.
• Restricts municipalities from using fees on
repairs or maintenance to existing public
infrastructure systems.
• Requires the relevant ordinance, resolution, or
regulation to include a schedule of development
fees and a component capital improvement plan
which may only be spent on capital
improvements for that particular public
infrastructure system to serve the area
encompassing the development or only within
that service area. In the alternative,
municipalities are authorized to establish certain
service areas to collect development fees.
HB 1414 makes the Oklahoma Certified Real Estate
Appraisers Act applicable to appraisal review reports
which are reports of the process of developing and
communicating an opinion about the quality of another
appraiser’s work. The measure modifies the duties of
the chairperson of the Real Estate Appraiser Board when
dealing with grievances and modifies the board’s powers
and duties to include establishing standards and criteria
for approving course providers and instructors. The
amount of the Federal Registry Fee the Insurance
Department must collect is modified from $25 to an
amount to be assessed by the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council.
Several licensing requirements for temporary permits,
original certifications, and nonresidents are modified.
Government Modernization and
Agency Oversight
The Legislature enacted two measures intended to
maximize efficiencies in state government through
consolidation of agencies themselves or of various
agency functions.
HB 2140 creates the State Government
Administrative Process Consolidation and
Reorganization Reform Act of 2011. The measure
consolidates the following agencies into the Office of
State Finance (OSF):
• Department of Central Services
• Office of Personnel Management
• Oklahoma State Employees Benefits Council
• Oklahoma State and Education Employees
Group Insurance Board
The Director of OSF is required to consolidate all of the
agencies’ administrative functions by December 31,
2011, and to demonstrate a 15 percent overall cost
reduction and further requires the Director to make
recommendations on the streamlining, reduction, or
elimination of the governance structures and statutorily-established
positions of each agency.
HB 1304 creates the Information Technology
Consolidation and Coordination Act for the purpose of
consolidating certain information technology (IT)
functions and personnel. Provisions of the measure
include:
• Prohibiting state agencies from purchasing or
leasing any IT equipment without the prior
approval of the state’s Chief Information Officer
(CIO);
8 2011 Session Overview
• Requiring all state agencies to provide to the
CIO a list of IT assets of the agency that are
integral to agency-specific functions and a list of
IT positions associated with those assets;
• Requiring the CIO to identify all IT assets and
associated positions of all state agencies that are
not integral to the agency’s specific functions
and directs and the identified IT assets and
positions of appropriate state agencies be
transferred to the Information Services Division
of the OSF; and
• Requiring the CIO to submit quarterly progress
reports, including the net savings realized
through the consolidation of resources and
personnel, to the Director of OSF and to the
Legislature.
A related measure, HB 1086, creates the
Transparency, Accountability and Innovation in
Oklahoma State Government 2.0 Act of 2011 that
includes a number of provisions aimed at updating
administrative processes and increasing public access to
various agency records and expenditures. The bill:
• Requires, effective July 1, 2012, that all
payments disbursed from the state treasury be
made only electronically and that the number of
exempted payments and a list of causes be
published in a report on the State Treasurer’s
website.
• Requires the state’s CIO to maintain a website to
allow public access to electronic documents and
requires each state entity to submit to the CIO
searchable electronic versions of all publications
they are required to produce;
• Requires the CIO to maintain a website to allow
public access to forms produced by state
agencies and requires agencies to submit their
forms to the CIO in a searchable electronic
format;
• Requires OSF to include as part of the
data.ok.gov website all spending data subject to
publication by the School District Transparency
Act.
• Directs the State Geographic Information
Coordinator to develop a website that will allow
public access to geodata collected by state
entities;
• Directs the CIO to promulgate rules for state
agencies to enter into a shared-services
arrangement with OSF for payroll processing
services;
• Requires that all state expenditures published on
the data.ok.gov website include the name and
address of the recipient of the expenditure, the
amount and description of the item or service
purchased, and the agency making the
expenditure;
• Directs the CIO to maintain a website to allow
the public to monitor the status of every
information technology project costing more
than $100,000;
• Requires the Department of Central Services to
utilize a wiki venue to provide two-way
communication between procurement officers
and potential vendors; and
• Prohibits state travel reimbursement for
expenses if the filer of the claim has benefited
from the personal receipt of frequent travel miles
unless the miles are used to offset future claims
against the state.
SB 772 creates the Business and Professional
License Facilitation Task Force to study the
governmental models of states that have a central contact
point or agency facilitating professional licenses and
applications. The 15-member task force is to evaluate
the feasibility of establishing a similar model in
Oklahoma.
Health
A number of measures related to public health
passed this session, including those addressing hospital
fees, abortion, and agency functions.
Health Care
Creating the Supplemental Hospital Offset Payment
Program (SHOPP) Act, HB 1381 authorizes the
Oklahoma Health Care Authority to assess an annual fee
on certain hospitals until January 2015 to receive federal
matching funds. The fee is 2.5 percent of each hospital’s
net patient revenue for the first year and cannot exceed 4
percent in any following year. The measure prohibits
the fee being charged to patients.
Hospitals exempt from the fee include state, federal,
tribal, children’s, long-term acute care, specialty, and
critical access hospitals. The measure requires that the
assessment funds be used only for certain purposes,
including supplemental payments to participating
hospitals for Medicaid and State Children’s Health
Insurance Program (SCHIP) inpatient and outpatient
services, supplemental payments to critical access
hospitals, and administrative program costs not to
exceed $200,000.
With the passage of SB 722, Oklahoma joins a
national health care compact that authorizes member
states to suspend the operation of federal health care
9
regulations which are inconsistent with certain state laws
while still retaining the right to federal health care
funding. The compact requires the consent of Congress.
HB 1271 amends the existing statutory definition of
a person requiring treatment for mental illness or drug or
alcohol dependency by providing that the individual
must pose a substantial risk of immediate physical harm
to self or others. The mental health and substance abuse
history of the individual may be taken into consideration
in determining if treatment is required. The measure
adds treatment advocates to the list of those who can
petition the court for treatment services on behalf of the
individual. It also modifies the definition of dangerous
person by deleting the phrase “one who poses a
substantial risk of harm to self or others” and replacing it
with “a person requiring treatment.”
Abortion
The restrictions in HB 1888 prohibit an abortion at
or after 20 weeks of pregnancy unless it is necessary to
save the mother’s life or prevent major injury. The
measure makes it a felony to knowingly perform an
abortion in violation of the provision. It also requires
physicians to determine the age of a fetus before an
abortion and to report the procedural details to the State
Department of Health which will issue the data in an
annual report of related statistics.
SB 547 prohibits health insurance policies offered in
the state from including elective abortion coverage
except through optional supplemental coverage with a
separate premium.
Expanding the current restrictions on RU-486
(mifepristone), HB 1970 includes any drugs with
abortion-inducing properties that are prescribed with the
intent of causing an abortion. It requires physicians to
administer the drugs according to the drug label and
FDA protocol, to document the gestational age and
location of the pregnancy, and to schedule the patient for
a follow-up appointment.
Agency Operations
Several agencies requested modifications to their
operating procedures through the following legislation.
HB 1397 makes changes to various sections of the
public health code, including:
• Insurance Reimbursement – The measure allows
the Department of Health or city-county health
departments to be reimbursed at the regular plan
rate for services provided to an individual with
health insurance;
• Vital Records – The measure deletes the
requirement that birth and death certificates be
filed with local registrars and replaces it with the
requirement that they be filed with the State
Registrar. The measure increases the penalty
from a misdemeanor to a felony for violating
certain provisions related to birth and death
certificates. The measure defines disinterment
and makes it a misdemeanor to violate
provisions of the act related to disinterment. It
also requires that a copy of a court order for
exhumation be provided to the Department of
Health; and
• Disease Prevention and Control – The measure
replaces the term venereal disease with sexually
transmitted infection and expands the definition.
It removes the requirement that the State Plan
for the Prevention and Treatment of AIDS be
reviewed and reported on annually. It also
exempts from the Open Records Act
confidential information related to individuals
thought to have certain diseases.
HB 1715 modifies the Social Worker’s Licensing
Act to include requirements for applicant criminal
background checks and full-time postgraduate
supervision and restrictions on independent social work
practice. All applicants will be required to pay for a
national criminal history record check and supply two
sets of fingerprints. If the background check reveals a
felony or certain misdemeanors, the application may be
rejected. A social worker with an expired license who
applies for reinstatement after January 1, 2012, must also
submit to the background check.
Making changes to the State Dental Act, SB 574
requires a dentist to maintain a professional liability
insurance policy with exceptions for dentists who are
covered by a group or hospital malpractice policy, are
practicing in certain state or federal facilities, or are
volunteering with a special volunteer license. It
authorizes the investigators of the Oklahoma Board of
Dentistry to perform necessary services, investigate
certain records, and, after retirement, to continue to
possess a sidearm and badge.
Insurance
The Legislature enacted measures related to entities
that the Insurance Department regulates.
HB 1243 modifies reexamination, continuing
insurance education, and license renewal requirements
under the Oklahoma Producer Licensing Act. The
measure eliminates experience requirements and
application fees for some insurance producer licenses
and modifies several classes of business covered by
insurance adjuster licenses and application, examination,
and continuing education requirements under the
Insurance Adjuster Licensing Act. In addition, the bill
10 2011 Session Overview
modifies and adds several application procedures and
requirements for bail bondsman licenses and makes it a
felony to engage in certain acts as a bail bondsman
without a valid license.
Another bill, HB 2072, modifies various operating
procedures of the Insurance Department. Provisions of
the measure include:
• Creating the Insurance Commissioner Revolving
Fund to fund operations of the Insurance
Commissioner;
• Creating the Insurance Department Anti-Fraud
Revolving Fund to fund anti-fraud investigations
within the agency;
• Making the imposition of certain taxes or other
obligations on state insurers optional;
• Authorizing the commissioner to enter into
Nonadmitted Insurance Multi-State Agreements
to carry out the Nonadmitted and Reinsurance
Reform Act of 2010;
• Creating the Unauthorized Insurers and Surplus
Lines Insurance Act and providing that only
certain surplus lines premiums will be subject to
surplus premium taxes pursuant to a
Nonadmitted Insurance Multi-State Agreement
or other agreement entered into by the
commissioner;
• Requiring every health benefit plan to file
specified rates and adjustments with the
commissioner. The commissioner will
determine if the rate or rate adjustments are
reasonable, excessive, or discriminatory; and
• Creating the Uniform Health Carrier External
Review Act which requires all health carriers to
notify the insured parties of external review
rights.
SB 780 creates the Oklahoma Home Service
Contract Act and requires that home service contracts
may not be issued, sold, or offered for sale unless the
provider has given a receipt and copy of the contract to
the contract holder. Providers of home service contracts
sold in this state must register with the Insurance
Commissioner, pay certain fees, and may be subject to
prior review before completing registration. Providers
are required to maintain a funded reserved account not
les than 40 percent of gross consideration received, less
claims paid, and place a financial security deposit with
the commissioner with a value of not less than 5 percent
of gross consideration received, less claims paid, and not
less than $25,000. Providers also are required to
maintain a net worth or stockholders’ equity of $25
million and provide the commissioner, upon request,
certain Securities and Exchange Commission forms or
financial statements. The measure requires providers to
purchase an insurance policy, and the insurer must meet
specific standards. Providers who are registered in this
manner will not be subject to the Service Warranty
Insurance Act.
SB 801 provides for insurance coverage of portable
electronics and requires a vendor of portable electronics
to have a limited lines license to sell or offer coverage
under a policy of portable electronic insurance and
provide a list to the Insurance Commissioner of all
locations in which it offers coverage. Vendors are
required to make available to customers information
about portable electronic insurance and will not be
subject to licensure as insurance producers if they obtain
limited lines licenses and develop a training program for
employees. The measure allows vendors to charge for
specific coverage and requires that charges be separately
itemized. The insurer may terminate or change the terms
of the policy with a specified amount of notice to the
policyholder based on certain circumstances.
Judiciary
The Legislature took action on a number of bills in
an effort to improve Oklahoma’s business climate,
including tort and workers’ compensation reform.
Tort Reform
To address the issue of excessive litigation and
damages awarded in personal injury and medical
malpractice suits, the Legislature passed a series of tort
reform bills with the hope of improving the state’s
business climate by obtaining and keeping more jobs in
Oklahoma.
A key part of the reform agenda, HB 2128 caps
noneconomic damages recoverable in a civil action for
bodily injury at $350,000. The measure creates an
exception so that there is no limit on the amount of
noneconomic damages in a civil action for bodily injury
resulting from negligence if the defendant acted
recklessly, fraudulently, or intentionally or with gross
negligence. In a similar effort to curb noneconomic
damages, SB 272 limits the amount of recoverable
damages in an action arising out of an accident involving
the operation of a motor vehicle, or for any claim against
the motor vehicle liability insurance coverage of another
party, if the plaintiff is not in compliance with the
compulsory insurance laws. Damages are limited to the
amount of medical costs, property damage, and lost
income and must not include any award for pain and
suffering, with provided exceptions.
In another effort to limit recoverable damages,
SB 862 makes a defendant only responsible for the
portion of damages that the defendant actually caused.
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The measure removes a requirement that a defendant, in
certain civil actions, be jointly and severally liable for all
damages if the defendant is found to be more than 50
percent at fault. The measure also removes the
requirement that a joint tortfeasor will be jointly and
severally liable for all damages if the tortfeasor acted
with willful and wanton conduct or reckless disregard
for the consequences.
SB 865 requires the Oklahoma Uniform Jury
Instructions in a civil case to include an instruction that
no part of an award for damages for personal injury or
wrongful death is subject to federal or state income tax,
and the jury should not consider income taxes when
determining a proper compensation award.
For clarification of damages in a civil case involving
personal injury, HB 2023 requires that the actual amount
paid for certain medical bills will be admissible at trial,
instead of the amounts billed for expenses incurred. The
measure provides that a lien filed by a medical examiner
for an amount in excess of the amount paid for certain
medical bills will be admissible.
HB 2024 authorizes a court to order that future
damages incurred after the date of judgment that exceed
$100,000 be paid in whole or in part in periodic
payments rather than by a lump-sum payment. The
periodic payments cannot exceed seven years from the
date of entry of judgment. The measure provides
requirements for the judgment ordering the payment of
future damages and the defendant must provide evidence
of financial responsibility. The orders for future
payments will constitute a release of the health care
liability claim filed by plaintiffs. Upon termination of
the periodic payments, the security will be returned to
the defendants. Upon death of the recipient, money
damages for loss of future earnings must continue to be
paid to the estate.
HB 1209 provides limited malpractice protection for
certain physicians providing emergency medical services
to an injured participant at an athletic event except when
the physician commits gross negligence or willful or
wanton negligence.
Workers’ Compensation
The Legislature also sought to improve Oklahoma’s
business climate by reforming the state’s workers’
compensation system by reducing legal and medical
costs, allowing claims to be processed more quickly, and
getting injured workers retrained and back to work.
SB 878 rewrites and recodifies essentially all of the
state’s workers’ compensation law and creates a new
Workers’ Compensation Code. Some of the differences
between the current law and provisions of the bill
include:
• Establishing several new guidelines for treating
injured workers by requiring a physician’s
opinion of the nature and extent of certain
injuries be based on the “American Medical
Association’s Guides to Evaluation of
Permanent Impairment” or other certain
subsequent editions;
• Establishing reimbursement rates for medical
providers who treat injured workers;
• Reducing the cost of medical care by 5 percent,
the administrator is directed to develop a new
Workers’ Compensation Medical Fee Schedule
by January 2012 that will establish the
maximum rates that medical providers are
permitted to be reimbursed for medical care
provided to injured workers;
• Decreasing the involvement of private attorneys
by requiring voluntary mediation be available to
any party to a claim;
• Allowing the court to order mediation in any
case;
• Modifying eligibility for workers’ compensation
treatment by expanding and clarifying which
employers are exempted under the code;
• Requiring independent medical examiners be
specialists in the injuries they are diagnosing;
and
• Preventing doctor-shopping by limiting when
injured workers can change doctors.
HB 2038 authorizes the Workers’ Compensation
Court administrator to compile annual reports relating to
characteristics of cases including amount of surgeries,
length of temporary total disability, permanent partial
disability, and other medical treatments and therapies.
Miscellaneous
HB 1226 requires a portion of real property taken by
eminent domain to be offered for resale to the original
owner or heirs, at the appraised value or original price,
when the property is not used for the purpose for which
it was condemned or for another public use. The agency
or entity which acquired the real property is required to
notify the former landowner of the right of first refusal.
The property may be sold at public sale if the offer to
repurchase is not accepted. Another measure, SB 124,
was passed to protect rural landowners from wind
turbine companies by prohibiting the companies from
using eminent domain for the siting or erection of wind
turbines on private property.
Continuing a 2010 legislative effort, SB 406
strengthens the state’s funeral picketing laws. Currently,
protesters are banned from funerals for up to an hour
before and after a service. They also must stay at least
12 2011 Session Overview
500 feet from the service. SB 406 extends the time
period to two hours before and after and increases the
distance to 1,000 feet.
In a significant rewrite of Oklahoma employment
discrimination laws, SB 837 provides for exclusive
remedies for individuals alleging discrimination in
employment on the basis of race, color, national origin,
sex, religion, creed, age, disability, or genetic
information. The bill repeals common law actions in
employment discrimination lawsuits, creating the same
remedies for all employment discriminatory actions.
The measure modifies the definition of a discriminatory
practice to include individuals discriminated against
because of genetic information or a disability as those
protected under the relevant discrimination provisions,
unless the employer can demonstrate that
accommodation for the disability would impose an
undue hardship on the operation of the business. The
measure extends protections to employment applicants.
SB 398 modifies state statutes related to telephone
solicitation by prohibiting unsolicited telemarketer text
messages. The bill expands the Attorney General’s
statewide registry listing consumers who do not wish to
receive unsolicited telemarketing calls or, per the
measure, text messages.
Public Employees
Pension Reform
In an effort to address the more than $16 billion
unfunded liability of the state’s retirement systems,
legislators sent several major pension reform measures
to the Governor. HB 2132 amends the Oklahoma
Pension Legislation Actuarial Analysis Act by
stipulating that cost-of-living adjustments (COLAs) are
to be considered fiscal retirement bills, thus requiring
that COLAs be fully funded at the time of authorization.
This measure alone is estimated to decrease the state’s
unfunded liability by $5 billion.
The Legislature also enacted pension reform
measures that increase the normal retirement age for new
hires. SB 377 increases the normal retirement age from
62 to 65 for new members of the Teachers’ Retirement
System of Oklahoma (OTRS) who join the system on or
after November 1, 2011. These new OTRS members
may also retire pursuant to the Rule of 90, as long as
they are at least 60 years old. Under the rule of 90
members may retire when the sum of their age and years
of service equals 90. SB 794 increases the normal
retirement age from 62 to 65 for new members of the
Oklahoma Public Employees Retirement System
(OPERS) who join the system on or after November 1,
2011. Like new members of OTRS, these new members
of OPERS may retire pursuant to the Rule of 90 as long
as they are at least 60 years old. SB 794 also increases
the normal retirement age for elected officials who are
elected or appointed to office after November 1, 2011,
from 60 to 65, or age 62 if the elected official has at least
ten years of service. HB 1010 raises the normal
retirement age for new members of the Uniform
Retirement System for Justices and Judges from 65 to
67. Justices or judges with at least ten years of service
are eligible to retire at age 62.
HB 1007 establishes the Pension Funding
Accountability Act of 2011. This act provides for a
monthly transfer of revenues from a revolving fund
administered by the State Department of Education to
OTRS, which has the effect of increasing the recognized
state per pupil spending amount. SB 891 requires school
districts employing a retired member of OTRS to pay the
employee’s contribution when he or she returns to work
for a school system. HB 1648 removes language from
state statutes that allows OTRS members who are absent
from teaching while serving an as officer of a local,
state, or national education association to continue
participating in OTRS. OTRS members elected before
January 1, 2011, may continue to participate, but service
credit is limited to 12 years. SB 347 requires a
municipal employee convicted of certain criminal
activities related to the duties of his or her office or
employment to forfeit his or her retirement benefits.
Health Insurance Benefits
A final cost-saving measure deals with state
employee health insurance benefits. HB 1062 allows
active state employees covered by a separate group
health insurance plan to opt out of the state’s basic plan
and provides that employees opting out of coverage will
receive $150 a month in lieu of the flexible benefit
amount the employee would otherwise be eligible to
receive.
Redistricting
Oklahoma’s population kept pace with most of the
nation, growing by 8.7 percent, which allowed the state
to retain its five congressional districts. HB 1527
creates the Oklahoma Congressional Redistricting Act of
2011. According to the 2010 Census, Oklahoma’s total
population is 3,751,351. Each congressional district has
750,270 people, except for Congressional District 5,
which has 750,271. The Oklahoma Congressional
district map was not altered significantly from the
existing map.
The State House of Representatives Redistricting
Act of 2011 is found in HB 2145. Based upon the total
state population, each state House district should have an
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ideal population of 37,142 people. Each new House
district (HD) deviates from the ideal population by less
than 1 percent.
No state representative incumbents that are eligible
for reelection in 2012 are pitted against another
incumbent eligible for reelection, but some term-limited
members are affected. The most dramatic changes from
the current (2002-2010) Oklahoma House district map to
the proposed House district map can be found in HD 60
and HD 20, currently represented by term-limited
members. These changes add representation for the fast-growing
suburban areas in Canadian and Cleveland
Counties. House District 60 was moved to Canadian
County, encompassing the majority of El Reno and part
of Caddo County. This change caused a major shift in
HD 55, to include Roger Mills and a majority of
Beckham and Greer Counties.
The new House districts will take effect with the
2012 elections.
SB 821 creates the State Senate Redistricting Act of
2011. In the State Senate, only the even-number Senate
districts will be up for election in 2012, but all of the
new Senate districts will take effect in November 2012.
Based upon the total state population, each state Senate
district should have an ideal population of 78,153
people. Each new Senate district deviates from the ideal
population by less than 1.3 percent.
Revenue and Taxation
In addition to focusing on the issue of tax credits this
session, the Legislature addressed measures related to
sales tax collections, tax exemptions, and fees for
vending machines.
HB 1634 reduces the annual permit fee from $150 to
$75 for each coin-operated vending machine, music
device, or amusement device requiring a coin or token of
25 cents or more effective July 1, 2011.
Recognizing the significance and importance of the
oil industry to the economy of the state of Oklahoma,
HB 1488 extends the sunset dates for two years until
July 1, 2014, for existing gross production tax
exemptions for certain horizontally drilled wells and
deep depth well production.
HB 1285 creates the Task Force for the Study of Tax
Credits and Economic Incentives to examine all state tax
credits and identify those credits which are beneficial to
the economic and financial wellbeing of the state.
HB 1475 requires all retail vendor sites selling
fireworks to collect sales taxes and display the sales tax
permit in the vicinity of the sales operation to be visible
for examination by any enforcement officer. Retail
fireworks vendors that fail to collect sales tax will be
subject to the penalties prescribed in current law.
HB 1954 extends a sales tax exemption, for certain
manufacturers that are expanding or re-tooling their
facilities, to their contractors or third parties making
purchases on their behalf. The measure applies to
manufacturing property, machinery, and equipment for
use in a petroleum refinery.
Property Tax
HJR 1002 directs the Secretary of State to refer a
proposed constitutional amendment to a vote of the
people. Beginning January 1, 2013, the constitutional
amendment would limit the increase in the fair cash
value for tax assessment purposes of a homesteaded
property or a property used for agricultural purposes to 3
percent.
Transportation
Recognizing the need for future expansion and
innovation of the transportation network in Oklahoma,
HB 1686 creates the Eastern Flyer Passenger Rail
Development Task Force to study and develop a
comprehensive plan for expanding passenger and high
speed passenger rail service from Tulsa to Oklahoma
City.
SB 816 prevents boards of county commissioners
and the Department of Transportation from opening a
closed section line road if a business makes a minimum
capital investment of $10 million in a facility and hires
25 new employees whose salaries meet or exceed the
average county wage where the facility is located.
Several measures were passed during the session
focusing on highway safety and rules pertaining to users
of Oklahoma roads. SB 126 requires that the driver of a
bus, whether occupied or unoccupied by passengers,
must not proceed through a railroad crossing unless the
driver stops the bus within 50 feet of, and not closer than
15 feet to, the tracks, listens and looks in each direction
along the tracks for an approaching train, and ascertains
that no train is approaching. SB 417 prohibits a solid
waste disposal vehicle operator from stopping or parking
on a sidewalk, within an intersection, alongside any
street excavation or obstruction which would obstruct
traffic, upon any bridge or elevated structure, or at any
place where official signs prohibit stopping except when
instructed by a police officer or traffic control device.
HB 1815 modifies the existing taxation system for
compressed natural gas to promote fairness and
improved administration of motor fuel taxation by the
Oklahoma Tax Commission. The bill reduces the levy
of motor fuel taxation for compressed natural gas from
16 cents per gallon or gasoline gallon equivalent to 13
14 2011 Session Overview
cents per gallon, allows a rate of tax to be imposed at 5
cents per gasoline gallons equivalent for a period of time
sufficient to allow the development of compressed
natural gas distribution systems. The bill also requires
each person who engages in the selling of motor fuel or
compressed natural gas to obtain a fuel vendor license.
The bill further exempts compressed natural gas from
the definition of special fuels for purposes of vehicles
required to obtain a special fuel tax decal.
HB 1232 authorizes the Department of
Transportation to close any highway due to flooding and
provides that the court may order restitution to
emergency responders called to rescue motorists who
circumvent traffic control devices due to closed roads
and for reimbursement for repair or replacement of any
lost or damaged equipment.
Veterans and Military Affairs
In showing respect and reverence for military
personnel who die while serving in any branch of the
United States Armed Forces, the United States Reserve
Forces or the National Guard, HB 1355 creates the
Deceased Veterans Act. The bill clarifies the order of
persons responsible for the disposition of the remains of
a deceased veteran and allows the funeral director to
control final disposition when no person in order of
succession can be found. The measure further provides
that if a military person dies in the line of duty and has
completed a United States Department of Defense
Record of Emergency Data, DD Form 93, or its
successor form, the person authorized in the form by the
veteran pursuant to that form will have the right to bury
the decedent or to make other funeral and disposition
arrangements. The act further creates a revolving fund
for the Oklahoma Turnpike Authority to be designated
as the Honor the Fallen Revolving Fund, to be used to
reimburse the authority for tolls incurred by the funeral
procession of any member of the United States Armed
Forces who is killed in the line of duty.